Redcar & Cleveland Council (24 003 770)

Category : Benefits and tax > Council tax support

Decision : Upheld

Decision date : 22 Jul 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s decision that the complainant no longer qualifies for council tax support. This is because the problem has been resolved.

The complaint

  1. The complainant, Ms X, complains the Council ended her Council Tax Support (CTS) following a change in her circumstances. Ms X disagrees with the decision because her income has decreased and she cannot afford to pay the increased council tax.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

  1. I considered information provided by Ms X and the Council. I also considered our Assessment Code.

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My assessment

  1. The Council ended Ms X’s CTS following a change in her circumstances; this increased her council tax. The council tax bill invites people to contact the benefits team if they disagree with a CTS decision.
  2. Ms X contacted the benefits team to challenge the CTS decision. The Council did not process her email correctly and responded as though she had contacted the wrong department. The Council did not review the claim and repeated that Ms X must pay her council tax.
  3. In response to my enquiries to the Council, and due to Ms X providing a copy of her email, the Council realised it had not reviewed Ms X’s claim when it should have done. It apologised and immediately carried out a review. Following the review the Council found that Ms X is still entitled to CTS at the same level as before.
  4. The Council corrected Ms X’s council tax bill and has agreed to make a symbolic payment of £50 in recognition of the stress and additional time and trouble Ms X has experienced.
  5. In addition, and unconnected to the complaint, the Council has applied a council tax exemption from April 2023.
  6. I will not start an investigation because the Council has provided a satisfactory response. It has reviewed the CTS and made a new decision, apologised and will make a symbolic payment of £50. This is a fair remedy as it recognises that the Council did not process the claim correctly and the changes to the CTS mean Ms X no longer has the worry about paying council tax. There is nothing more I would ask the Council to do.

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Final decision

  1. We will not investigate this complaint because the Council has provided a satisfactory remedy.

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Investigator's decision on behalf of the Ombudsman

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